It’s state law that dictates what parents can and can’t decide on behalf of their children. In Indiana, as a FindLaw article explains, having turned 18, a no-longer-minor has the power to undergo – or forego – medical treatments, l, play the lottery, sign contracts, and sue others. No longer can parents of those now 18-year-olds access their children’s medical, financial, or educational information without those children’s explicit consent. Even if, due to an accident or illness, a now “adult” child becomes incapable of making decisions on his or her own, parents are barred from accessing medical information and making certain medical decisions without having been given prior legal authority from the child.
The turning point to adulthood can be turned into a positive, as Wells Fargo authors suggest in “Five documents you need when your child turns 18”: “Turning 18 is an important milestone and an opportunity to engage in meaningful conversations about your hopes and wishes as well as getting an idea of your child’s dreams.”
At our Indiana estate planning law firm, while congratulating parents whose son or daughter has just gained acceptance to their college of choice, we remind them that there’s a set of documents that need to be prepared and signed by their child before that first big departure from the nest
- Advance Directive for Health Care Decisions. This one document appoints an agent who can make medical decisions on their behalf if they are unable to do so, and gives directions for the care they want to receive in different situations.
- HIPAA authorization (The Health Insurance Portability and Accountability Act). This privacy law that prevents health care providers from disclosing your child’s current medical condition or medical records to unauthorized persons.
- FERPA authorization. The Family Educational Rights and Privacy Act requires that students over age 18 give written consent before any educational records can be released to another person (transcripts, disciplinary actions, scholarship and tuition information. – and health records.).
- Durable Power of Attorney. This document allows the child to appoint someone to handle financial transactions on his or her behalf if the child becomes unable to act on his or her own
At 18, making estate planning decisions on one’s own is part of the “rite of passage”.
– by Ronnie of the Geyer Legal Group, PC blog team
